Insurance Dispute Lawyer Blog
In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because the appellants failed to post a required appeal bond.
This decision underscores the importance of adhering to procedural requirements in workers’ compensation appeals.
Case Background:
Angela Jackson sustained an ankle injury while working at a Family Dollar Store in New Orleans. She filed a workers’ compensation claim, asserting that she was a direct employee of Becky Tolito and Tolito Services Co., L.L.C., and a statutory employee of Family Dollar, S&S Janitorial Services, and SMS Assist.
The Worker’s Compensation Judge (WCJ) ruled in favor of Ms. Jackson, finding that she was injured in the course and scope of her employment. The WCJ awarded her medical expenses, temporary disability benefits, and supplemental earnings benefits and assessed penalties and attorney’s fees against the defendants.
The defendants appealed the WCJ’s decision. However, they failed to post an appeal bond, a mandatory requirement in Louisiana workers’ compensation cases where the claimant has been awarded benefits.
Court’s Ruling:
The Court of Appeal dismissed the appeal as premature due to the lack of an appeal bond. It emphasized that Louisiana law mandates appeal bonds in workers’ compensation cases to guarantee payment of the awarded benefits, interest, and costs. The court noted that while the appellants failed to post the bond, the delay for doing so does not begin until the WCJ sets the bond amount.
The case was remanded to the WCJ with an order to set the appeal bond amount, allowing the appellants to perfect their appeal by posting the bond within the prescribed time limits.
Key Takeaways:
This case serves as a crucial reminder for employers and their insurers to follow procedural requirements diligently when appealing workers’ compensation decisions. Failure to post an appeal bond can result in the dismissal of the appeal, potentially delaying the resolution of the case and incurring additional legal costs.
In Louisiana, appeal bonds are mandatory in workers’ compensation cases where the claimant has been awarded benefits. The WCJ sets the bond amount, and the appellant has a specific timeframe to post the bond after being notified of the amount.
It is imperative for parties involved in workers’ compensation litigation to consult with an experienced attorney to ensure compliance with all procedural rules and avoid potential pitfalls that could jeopardize their appeal.
Additional Sources: Angela Jackson v. Family Dollar Stores of Louisiana Inc., et al
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Workers Compensation Issues: Work-Related Injury and Subsequent Leave: When is Compensation Due? and Understanding the Finality of Workers’ Compensation Settlements